Oroville Municipal Code Art. 5 Reduction of Pollutants in Stormwater

A. The administrator is authorized to designate as subject activities any activities, operations, or facilities identified as sources or potential sources of pollutant discharges to the city's storm drain system, natural surface waters, or watercourses. A subject activity may occur at a stationary facility or it may occur as a mobile activity that takes place at various job sites.

B. All persons engaged in subject activities that may result in pollutants entering the city storm drain system, natural surface waters, or watercourses shall implement best management practices (BMPs), to the maximum extent practicable, to prevent and/or reduce such pollutants from entering nonstormwater discharges and/or stormwater discharges in accordance with Section 8.20.260, Best management practices, of this chapter. The California Stormwater Quality Association has published 4 stormwater best management practice handbooks covering construction, industrial and commercial, municipal, and new development and redevelopment that are approved for use by the administrator to comply with this section.

C. All BMPs shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreperson. This record shall be on a form approved by the administrator and shall be made available to the administrator upon request.

D. Every person owning or occupying property adjacent to or through which a watercourse passes, shall keep and maintain that part of the watercourse within said property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly obstruct the flow of water through the watercourse. The property owner or occupant shall be responsible for obtaining and complying with any and all other local, state and/or federally required permits necessary for conducting such activities.

E. Whenever the administrator finds that a discharge of pollutants is taking place or has occurred that results in or resulted in pollutants entering the city storm drain system or natural surface waters, the administrator shall require by written notice to the owner or occupant of the property that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Article 7 of this chapter.

F. The administrator shall by written notice require that persons engaged in subject activities and/or owning or operating designated facilities, which may cause or contribute to stormwater pollution, illicit discharges, and/or nonstormwater discharges into the city storm drain system, natural surface waters, or watercourses, to undertake at said person's expense such monitoring and analyses and furnish such reports to the administrator as deemed necessary to determine compliance with this chapter.

(Ord. 1807 § 1, 2015)

A. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or person conducting any subject activity that has information of any spill, release or suspected release of pollutants or prohibited materials which result or may result in an illicit discharge into the city storm drain system or natural surface waters shall immediately take all reasonable action to ensure the discovery, containment, cleanup, and to otherwise minimize any such spill or release.

B. In the event such a spill or release is of a hazardous material, said responsible person shall immediately notify emergency response officials of the incidence by means of emergency dispatch services (911). Said responsible person shall also notify the administrator within 24 hours at (530) 538-2430.

C. For a nonhazardous prohibited material spill or release that has been contained and cleaned up, said responsible person shall notify the city department of public works in person, by telephone, or facsimile no later than 5:00 p.m. the next business day. Notifications made in person or by telephone shall be confirmed by written notice within 3 business days of the personal or telephoned notice.

D. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. 1807 § 1, 2015)

A. Any person performing construction activities for which a building permit and/or a grading permit has been issued shall implement appropriate best management practices (BMPs) to prevent the discharge of pollutants, to the maximum extent practicable, from the site into the city storm drain system or natural surface waters.

B. New development and redevelopment projects shall be required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. The owners or operators of facilities required to implement post-construction BMPs shall enter into a written maintenance agreement with the city for maintenance of such features pursuant to Section 8.20.150.

C. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, any person engaged in activities or operations, or owning or operating facilities or property which will or may result in pollutants entering the city storm drain system or natural surface waters shall implement BMPs to the maximum extent practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide at the owner's or operator's expense all reasonable protection from discharge of prohibited materials or other pollutants into the city storm drain system or natural surface waters.

D. Any facility which demonstrates to the satisfaction of the administrator that it is in compliance with a state or federal NPDES permit waste discharge requirements or waiver from waste discharge requirements for stormwater discharges shall be deemed to have met the requirements of this chapter.

(Ord. 1807 § 1, 2015)

A. The administrator shall have the authority to implement all provisions of this chapter by promulgation of rules and regulations that are consistent with this chapter.

B. Any rules and regulations proposed by the administrator, or amendments thereof, shall be set for public hearing by the board of supervisors. The board may adopt such rules and regulations by resolution. Notice of said hearing shall be published in a newspaper of general circulation 10 calendar days before the public hearing. Such notice shall provide a reasonable summary of the content of the rules and regulations. In addition, the administrator shall make a reasonable effort to identify, notify, and provide copies to any industries that are specifically designated by the administrator as subject to the proposed rules or regulations. However, neither the failure of the administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from a rule or regulation. No rules or regulations adopted by the board of supervisors, or amendments thereof, shall be enforced or become effective until 30 calendar days following their adoption.

(Ord. 1807 § 1, 2015)